Author: Muhammad Dawood Yusufi Eshaqzahi
Islam and Democracy (Part 34)
Shura and the Responsibilities of the Ruler
Based on the preceding discussion, and according to the preferred definition, we can say that it is obligatory for a Muslim ruler to consult people of sound judgment and expertise and, through this process, identify the truth and make appropriate decisions in every area of public affairs in order to realize the public interest in matters for which there is no definitive textual ruling.
Islam and Governance
It can be concluded from the two preceding discussions that governance in Islam, like other areas of life, first requires both the people and the rulers to submit to the ultimate authority of Sharia, whose essential framework for human life has been set out in the Quran and Sunnah. However, this does not mean that governance in Islam takes the form of theocracy. Rulers are not divine appointees, and the people closely monitor their conduct. If rulers legislate or act contrary to Sharia, the people may remove them from office, because Shura plays a central role in Islamic governance, and its role in appointing leaders and administering state affairs is vital. In all these respects, Islamic governance possesses characteristics that are unlike Western forms of democracy, as well as other characteristics that give the system its Islamic identity.
Shura in Light of the Quranic Verses
One of the most important social principles of Islam, as well as one of its moral instructions and recommendations, is mutual consultation and deliberation in individual and social affairs. The Quranic verses and Islamic traditions also encourage it and highlight its benefits and positive effects.
The principle of Shura and consultation is presented in Islamic sources with particular care and importance. It occupies a special position in the conduct of the Messenger of Allah (PBUH) and the practice of the great figures of Islam, to the extent that it can be said that the institution of Shura is the backbone of the Islamic system.
The Holy Quran Mentions the Subject of Shura in Four Verses
1. In verse 159 of Surah Al Imran, Allah Almighty commands the Messenger of Allah (PBUH) to consult Muslims in resolving affairs and presents this as one of the means of his success and victory: «فَبِمٰا رَحْمَةٍ مِنَ اللّٰهِ لِنْتَ لَهُمْ وَ لَوْ كُنْتَ فَظًّا غَلِيظَ الْقَلْبِ لَانْفَضُّوا مِنْ حَوْلِكَ فَاعْفُ عَنْهُمْ وَ اسْتَغْفِرْ لَهُمْ وَ شَاوِرْهُمْ فِي الْأَمْرِ فَإِذَا عَزَمْتَ فَتَوَكَّلْ عَلَى اللّٰهِ إِنَّ اللّٰهَ يُحِبُّ الْمُتَوَكِّلِينَ» Translation: “It is by the mercy of Allah (SWT) that you were gentle with them. Had you been harsh and hard-hearted, they would have dispersed from around you. So, pardon them, ask forgiveness for them, and consult them in matters. Then, when you have made a decision, put your trust in Allah (SWT). Surely Allah loves those who trust in Him.” [1]
2. In verse 38 of Surah al-Shura, while describing the outstanding qualities of the believers, Allah says, “وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَى بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ.” Translation: “And those who have responded to their Lord, established prayer, conduct their affairs through mutual consultation, and spend from what We have provided them.” [2]
Here, we see that Shura is mentioned alongside faith in Allah (SWT), prayer, and zakat, all of which are among the fundamental obligations of Islam. This itself demonstrates the importance of Shura and reinforces its obligatory nature.
Imam al-Qurtubi, in his Tafsir, cites Ibn Atiyyah as stating that there is consensus regarding the obligation of Shura. He says, «الشورى من قواعد الشريعة وعزائم الأحكام من لا يستشير أهل العلم والدين فعزله واجب هذا ما لا خلاف فيه.» Translation: “Shura is among the foundations of Sharia and among the definitive rulings. Whoever does not consult the people of knowledge and religion must be removed from office. This is a matter concerning which there is no disagreement.” [3]
3. Surah al-Baqarah, verse 233, states that if the parents intend to wean the child before the usual period, they should consult one another: «فَإِنْ أَرَادَا فِصَالًا عَنْ تَرَاضٍ مِنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا.» Translation: “If they both decide, by mutual consent and consultation, to wean the child, there is no blame upon them.”
This verse indicates that even when making a decision concerning another person, even an infant, consultation should be undertaken. This consultation may be between the father and mother, as some have stated; it may involve consulting another person, such as a doctor; or both the parents may consult each other as well as specialists such as a doctor. The verse indicates that despite the love and affection parents have for their child, Allah (SWT) does not permit them to exercise authoritarianism in matters concerning the child’s upbringing and development. Rather, they should consult one another or seek the advice of others and, after consultation, make the decision that serves the best interest of the child.
4. Surah al-Zumar, verse 18, states: «الَّذِينَ يَسْتَمِعُونَ الْقَوْلَ فَيَتَّبِعُونَ أَحْسَنَهُ أُولَئِكَ الَّذِينَ هَدَاهُمُ اللَّهُ وَأُولَئِكَ هُمْ أُولُو الْأَلْبَابِ» Translation: “Those who listen to what is said and follow the best of it. They are the ones whom Allah (SWT) has guided, and they are people of understanding.” [4]
This verse discusses the importance of consultation in a general sense and considers the acceptance of the best opinions essential for making sound decisions.
Conclusion
The verses of the Holy Quran demonstrate that Shura in Islam is not merely an optional practice; rather, it is an essential principle for establishing an orderly life. Therefore, in the Islamic system, Shura is regarded as a fundamental basis for reforming and managing public affairs.
Shura in Light of the Quranic Verses
A group of jurists believe that consultation is obligatory for the ruler, and the Quranic verses and Prophetic traditions indicate its obligatory nature. Among the earlier scholars who are most well known for holding this view are Abu Bakr al-Jassas al-Hanafi, Ibn Atiyyah, Abu Bakr ibn al-Arabi al-Maliki, Ibn Taymiyyah al-Hanbali, and Imam al-Razi al-Shafii (RA). This view has also been narrated from Hasan al-Basri, Ibn Muzahim, and Sufyan ibn Uyaynah (RA).
Many contemporary writers have emphasized that consensus on this matter is nearly established. They have cited the following evidence. Allah Almighty says, “وَشَاوِرْهُمْ فِي الْأَمْرِ.” Translation: “And consult them in the matter.”
Imam al-Shawkani (RA) states that it has been said that the imperative form in this verse indicates recommendation and was intended to promote harmony, goodwill, and peace of mind. The command to consult is a form of honoring others, and considering it obligatory would only be correct if we accept that this address is not restricted to Allah and the Messenger of Allah (PBUH), or that, although the address is specifically directed to him, the Ummah and its leaders are also included.
Ibn Taymiyyah (RA) states that the person responsible for the affairs of the Muslims, or the ruler, is not independent of consultation, because Allah Almighty commanded His Prophet (PBUH) to consult. He uses the aforementioned verse as evidence for this position.
Al-Qurtubi narrates from Ibn Atiyyah (RA) that abandoning consultation is a cause for removing the Imam and head of state from office. Ibn Atiyyah (RA) says, “Shura is among the foundations of Sharia and among the definitive obligations; any ruler who does not consult scholars and learned people should be removed from office without objection.”
Since Allah Almighty made consultation obligatory even upon the infallible Messenger (PBUH), who received revelation, it is even more appropriate that it be obligatory upon others. Allah Almighty praises His believing servants by saying, “وَالَّذِينَ اسْتَجَابُوا لِرَبِّهِمْ وَأَقَامُوا الصَّلَاةَ وَأَمْرُهُمْ شُورَى بَيْنَهُمْ وَمِمَّا رَزَقْنَاهُمْ يُنْفِقُونَ.” Translation: “And those who respond to their Lord, establish prayer, conduct their affairs through mutual consultation, and spend from what We have provided them.” [6]
Allah praises them for their noble qualities, including obedience to His commands. He then mentions consultation alongside the establishment of prayer and the payment of zakat, two major and fundamental pillars of Islam. Their being mentioned together demonstrates the great status and importance of consultation as one of the foundations of Islam.
Imam Fakhr al-Din al-Razi (RA) likewise held that this verse indicates the obligation of consultation. He says, “The imperative form clearly indicates obligation; therefore, this statement of Allah also entails obligation.”
They also regarded the practice of the Messenger of Allah (PBUH) as evidence for the obligatory nature of consultation. Abu Hurairah (RA) said, “I have not seen anyone who consulted and exchanged views with his companions more than the Messenger of Allah (PBUH).”
The Messenger of Allah (PBUH) consulted his Companions during the Battle of Badr, saying, “O people, express your views to me.” He also consulted them during the Battle of Uhud regarding whether they should leave Madinah or remain there. Some companions suggested going out, and he followed their view and proceeded from the city toward Uhud.
Another piece of evidence supporting the obligation of consultation for the head of state is that the Messenger of Allah (PBUH), despite his exalted status and greatness, consulted the Companions (RA) on many matters. On the day of the Battle of Badr, he consulted them about fighting the disbelievers. Before the Battle of Uhud, he consulted them on whether to remain in Madinah or go out to confront the enemy. During the Battle of the Trench (Khandaq), he also consulted Saad ibn Muadh and Saad ibn Ubadah (RA). They suggested that they should not make peace with the enemy by giving them part of the produce of Madinah in return for their withdrawal from the battle. The Messenger of Allah (PBUH) accepted their opinion.
To be continued…
References:
[1] Al Imran: 159.
[2] Al-Shura: 38.
[3] Tafsir al-Qurtubi, vol. 4, p. 249.
[4] Al-Zumar: 18.
[5] Al Imran: 159.
[6] Al-Shura: 38.
